{"product_id":"vragen-56122-zijn-er-voorwaarden-aan-verbonden-om-bij-een-rechtbank-een-vervangende-toestemming-te-vorderen-om-de","title":"Replacement permission for home sale - Legal aid shop","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Are there any conditions attached to requesting a substitute permission from a court to sell the joint home?\n\n I then think of:\n - How long must a home have been for sale?\n - I now do all the maintenance on my own and my ex does nothing. Doesn't even contribute to the costs.\n - How does a judge determine a price for which the house may be sold?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf substitute permission is requested from the court, it is important that it is clear that the other party does not want to cooperate with the sale and\/or does not meet his obligations to take his share of the mortgage costs for his own account. After all, you cannot be expected to be left with an undivided estate. Necessary costs for maintenance must be divided between the two of you. The court often determines a lower limit with a certain margin for which a home may be sold at least. In that case, it is wise to have the value of the home determined properly in advance.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you very much for this answer. Very happy with it. Another question: are there also legal terms for how long a house must be for sale before a replacement permission can be requested?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n There is no time limit for this because you cannot sell it without the other party's permission.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nThe house has been on the market for 3 months now with our mutual consent. My ex wants to apply for the replacement consent while I have always cooperated in the sale. The house is in the higher price range for which there are not immediately interested parties queuing up.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n I advise you to discuss this with the broker. If you cannot reach an agreement (your ex apparently wants to lower the price, as I understand it), it may be useful to ask for legal assistance in advance to try to reach an agreement in order to avoid legal proceedings and unnecessary costs. If your ex does start legal proceedings, a defense will have to be conducted in court. You will need the assistance of a lawyer for this.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005771399517,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-56122-zijn-er-voorwaarden-aan-verbonden-om-bij-een-rechtbank-een-vervangende-toestemming-te-vorderen-om-de","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}